Terms of Service

Last Updated: June 10, 2023

Welcome to AetherCast Weather Forecast ("AetherCast," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Service"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service constitutes your acceptance of the modified Terms.

2. Description of Service

AetherCast provides weather forecasting information, including but not limited to current conditions, hourly forecasts, daily forecasts, extended forecasts, radar imagery, and severe weather alerts. Our Service utilizes data from various meteorological sources and applies proprietary algorithms to generate forecasts.

3. User Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Otherwise attempt to interfere with the proper working of the Service

4. Account Registration

Certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AetherCast, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution

6. Weather Data Disclaimer

The weather information provided by AetherCast is for general informational purposes only. While we strive to provide accurate and up-to-date forecasts, weather conditions can change rapidly and unpredictably. AetherCast makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content provided.

Weather forecasts should not be solely relied upon for making critical decisions regarding safety, travel, or business operations. Always consult official weather sources and local authorities for emergency information and severe weather alerts.

7. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate AetherCast, an AetherCast employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm AetherCast or users of the Service

8. Third-Party Links

The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

9. Termination

We may terminate or suspend your access to all or part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AETHERCAST NOR ANY PERSON ASSOCIATED WITH AETHERCAST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

WITHOUT LIMITING THE FOREGOING, NEITHER AETHERCAST NOR ANYONE ASSOCIATED WITH AETHERCAST REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

11. Limitation of Liability

IN NO EVENT WILL AETHERCAST, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

12. Indemnification

You agree to defend, indemnify, and hold harmless AetherCast, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

13. Governing Law and Jurisdiction

All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York.

14. Waiver and Severability

No waiver by AetherCast of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AetherCast to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms, our Privacy Policy, and any other legal notices published by us on the Service constitute the sole and entire agreement between you and AetherCast regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

16. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

17. Contact Information

If you have any questions about these Terms, please contact us at:

AetherCast Weather Services
123 Weather Lane, Suite 100
New York, NY 10001
Email: legal@aethercast.com
Phone: (212) 555-1234